Kenya: Court Explains When Resigning From a Job Can Amount to Unfair Dismissal

The court has ruled that an employer can still be held responsible for an employee’s resignation if its conduct makes the workplace so difficult or intolerable that the employee has no real choice but to leave.

The court said an employee does not automatically lose their right to claim unfair dismissal simply because they are the one who submitted a resignation letter. In some circumstances, the resignation can amount to constructive dismissal.

“Constructive dismissal occurs where an…